Court Reviews Student's "Disturbing" Essay

Appeals Court Examines Case Against Georgia Girl Who Wrote About Killing Her Math Teacher

(AP)  Less than two weeks after the deadliest shootings in modern U.S. history, members of a federal appeals court had skeptical questions in the case of a student who was suspended over a story she wrote about shooting and killing her math teacher.

A lawyer for former Roswell High School student Rachel Boim on Friday asked members of the 11th U.S. Circuit Court of Appeals to strike the suspension from her record.

Boim's attorney, Allan Galbraith, insisted Boim's journal entry was pure fiction.

"Can an uncommunicated work of fiction serve as the basis of punishment by the government?" Galbraith asked.

But Judge Stephen Limbaugh said he had difficulty believing the "disturbing" work was fiction.

"This writing is targeting a particular person and talked about a gun," Limbaugh told Galbraith. "I thought it was a very scary fiction, if that's what you say it is. If it was fiction in a story, she should have kept it at home."

The conflict arose in October 2003 when a teacher from Roswell High School confiscated a notebook with the story written by Boim and reported it to school administrators.

Boim's story describes a student going through the school day hiding a gun in her pocket. As her math teacher takes attendance, the student prepares to shoot him. At the end of the story, the student wakes up, having only dreamt the incident.

"I loathe him with every bone in my body," she wrote. "Why? I don't know. This is it. I stand up and pull the gun from my pocket. BANG the force blows him back and every one in the class sit there in shock. BANG he falls to the floor and some one lets out an ear piercing scream. Shaking I put the gun in my pocket and run from the room."

The ninth-grader later was suspended for 10 days for violating school rules that included disrespectful conduct and threat of bodily harm.

Boim, who now attends a private school, wants the suspension expunged from her school record. But a U.S. District Court last year ruled Boim was not entitled to have her record changed.

The three-judge appeals court panel heard 30 minutes of oral arguments from Boim's attorney and lawyers for the Fulton County School District. They issued no immediate ruling. Their decisions typically can take weeks before they are released. Boim did not attend the hearing because she was attending school.

To reverse last year's District Court ruling, the appeals panel would have to determine the school district violated Boim's First Amendment right to free speech by suspending her.

Two of the panel's members voiced concern over the dangers of school violence and seemed to disagree with the characterization by Boim's attorney that the story was just fiction.

"What do you think would have happened if ... this young woman ended up shooting and killing the math teacher, what situation would we have then?" asked Judge Joel F. Dubina. "With what happened at Virginia Tech, you think those writings (of shooter Seung-Hui Cho) would be a work of fiction?"

In a case that gained immediate international notoriety, Cho shot to death 32 people and then took his own life April 16 at Virginia Tech.

Eric Brewton, representing the school district, said school officials acted cautiously because they had no way of knowing if Boim intended to act out her story. Brewton asked the panel not to overturn the District Court's ruling so school administrators would not have to worry about whether they will be sued each time they take action to protect students and staffers.

[feelfree1]

Re: "Court Reviews Student's "Disturbing" Essay"

If they find THIS essay to be disturbing, they should check out a paper entitled "Rebuilding Americas Defenses", authored by members of the Project for a New American Century.

In it, they will find an outline for U.S. gunpoint diplomacy- the very same diplomacy that has resulted in the deaths of 3000+ U.S. service members and 655,000 Iraqis- a horrendous cost in blood and treasure for the American people and for the people of Iraq, and with Israeli extremists and greedy corporations as the sole benneficiaries.

[cnjcc]

2012, Albany, NY
All 11 members of the high school girls field hockey team were executed yesterday for cheering wildly following a goal for their team, completely ignoring that the opposing goalie, Malita Guptha from the Solomon Islands was offended because her traditions hold that cheering after an opponent is vanquished violates the tribal customs there.

[peaceforusa]

What next? After free speech is gone shall we walk 5 steps behind our male copunterparts and wear veils to hide our faces! I see it coming!

[peaceforusa]

that was "male counterparts".....for all you spelling buffs. ;)

[agnim]

""Can an uncommunicated work of fiction serve as the basis of punishment by the government?""

YES!

For the underdeveloped/deranged mind, the distinction between so-called 'fiction' and reality IS BLURRED!

[toldyouso21]

So now we have come to this. Reactionary fear is causing us to destroy our own country and our Constitution. This person has freedom of speech and the right to write what she wants to. Not everyone who writes will act on their writing in fact most won't. Writing serves as an outlet for fantasies and emotions that often have violent components. Without this kind of thinking, we would not have Stephen King, Clive Barker, Wes Craven, Frank Herbert, Alan Dean Foster, Pouls Anderson, etc. We are getting carried away--as if to suppress the writing will suppress the thoughts and therefore the actions. That is ridiculous--what is more likely is that those who plan to harm others will now, NOT communicate it--but will just do it--then we will look at their clothes or what car they drove and ban similar items--this is ridiculous.

[agnim]

"That is ridiculous--what is more likely is that those who plan to harm others will now, NOT communicate it--but will just do it--
Posted by toldyouso21 at 04:00 PM : Apr 27, 2007"

LOL
You must be another 9th grader to not know how ridiculous that position is; because you are implying that those who write *** as that CHILD did will also harm others!

We are talking about a CHILD, who can hardly distinguish 'fiction' from reality.

A MERE CHILD'S mind should not be thinking in such a violent vein, less she acts on it as 'fiction'!

[susieq_13]

She deserves whatever punishment they gave her. What is wrong with some of these kids? I never even dreamed up stuff like that. Let alone write it down and turn it in as an essay? Come on! What has this world come to?

[terribayless-2009]

So I guess you all are suggesting that we wait until she shoots a bunch of people before we consider that she is a danger to others?

[sharncedar]

I say we lock up terrybayless for using the word "danger" in a blog posting. How about some of the new empty cells in Gitmo? She/he dared to use the word "danger" in a posting, that is construed as a threat by any reasonable, sane, paranoid and gullible mob of media-controlled morons.

[samthetvcat]

"This writing is targeting a particular person and talked about a gun," Limbaugh told Galbraith. "I thought it was a very scary fiction, if that's what you say it is. If it was fiction in a story, she should have kept it at home."

What an idiot judge - what's the moral in this ruling . . . only write fiction about puppies and kittens and keep all the teenage angst bottled up. Must be Rush Limbaugh's cousin . . .

And the lawyer representing the defendant should have cited statistics of the number of kids who write this kind of fiction and don't resort to violence versus the number of kids who do and follow through. Apparently the proportion is like 1000's to 1. Also, didn't the girl say the scenario was all a dream?

On the other hand, maybe red flagging these kids puts the spotlight on them and prevents them from falling through the cracks? Or does it push them over the edge? I don't know . . .

PS Anybody know why the 1A discussion got wiped clean in the Opinion section?

[sandy19731]

And in other news: Stephen King now being held in Gitmo, and David Chase (creator of Sopranos) being investigated by the FBI on RICO charges.

This is a job for a psychologist not a court. For evaluation not necessarily treatment.

[agnim]

"And the lawyer representing the defendant should have cited statistics of the number of kids who write this kind of fiction and don't resort to violence versus the number of kids who do and follow through. Apparently the proportion is like 1000's to 1.
Posted by SamTheTVCat at 04:51 PM : Apr 27, 2007"

LOL
Sam, we wish you would show more brains than a TV cat.

All this mentally DISTURBED CHILD got was ten days of suspension for HER AND HER PARENTS to think about her actions and consequences.
But have they LEARNED ANY LESSON as to how their CHILD'S actions can reasonably be perceived in a crime-ridden society? NO!

Plus, the fact that she and her parents are making a Federal case over a reasonable 10 suspension is a SURE SIGN that we have a family of disturbed individuals!

The judge should IMPOSE THERAPY for he whole family!

For a YOUNG/UNDISTURBED mind, impulsive action in response to powerful thoughts is a very good likely hood.

And even if 1 in a 1,000 weak-minded child act on her disturbed thinking, how would you know that this little witch is not the 1 in a 1,000; and the actions of the school turn her from acting out her morbid fantasies!

She should have been dumped from that school if she had such strong NEGATIVE AND UNPROVOKED feels against an ADULT and TEACHER!

[samthetvcat]

Oh Agnim, you're such a card you should be dealt with (lol ;D)

I guess the consensus is that therapy would have been the most productive in this type of situation. I am curious about what is behind the violent thoughts - is it frustration because she's failing math and nobody's there to help her, not the teacher not the parents? Then it becomes not only about therapy for the kid/parents but also about perhaps offering tutoring or more constructive criticism, or perhaps the parents need to give these types of kids more quality time, etc.

[hipocrecia16]

first off what she said was wrong but that does not mean that she did not have the right to do it she never actually threatened anyone the story came out of a note book that was confiscated its her property she can write whatever she wants in it weather it be wrong or right

[hipocrecia16]

first off what she said was wrong but that does not mean that she did not have the right to do it she never actually threatened anyone the story came out of a note book that was confiscated its her property she can write whatever she wants in it weather it be wrong or right

[samthetvcat]

PS We all love teachers for the oftentimes underpaid and underappreciated jobs they do, but like with virtually all kids suffering from undiagnosed learning disabilites I got called dumb, slow, lazy and was booted to special ed by several teachers. Like there's a teacher in every school who just doesn't have the savvy to deal productively with a 'problem' child and takes it as an affront to their competency when that child starts falling behind. I don't think we can automatically assume that the teacher is faultless in contributing to feelings of frustration in a child - although frustration manifesting into violent writings is admittedly creepy and alarming. Just saying the frustration may not have just emerged out of nowhere and that if you address the source of the frustration as well as the violent tendencies of the child, it's twice as effective a solution.

[susanhelit]

It's just a 10 day suspension - and for writing about how she'd love to kill her teacher! That sounds like a pretty gentle punishment to me!

There is something going on - normal kids don't write that. Her parents should spend some money on shrinks rather than lawyers.

[ladyelec]

Boys grow up playing coyboys and indians, cops and robbers, but girls thinking about guns is not natural. I work in a male dominated world,(which makes me a little different than most females) but I never thought about guns or killing people. If I would have ever wrote fiction about killing (and I never did) it would have been about a fictional person or creature! Not in anyway attached to the real world.

[omded]

A little heart-to-heart talk with the girl would have solved everything just fine. An iron fisted suspension only gives her more to be angry about.

Of course, I'm surprised they didn't encourage her to join the army so she can go act out all those fantasies shooting peple in Iraq. Teach her to look at an Iraqi and picture her math teacher. Channel the anger to a useful purpose. Praise the Lord!

[lastdance2]

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Lastdance

[agnim]

"Oh Agnim, you're such a card you should be dealt with (lol ;D)

I guess the consensus is that therapy would have been the most productive in this type of situation. I am curious about what is behind the violent thoughts - ...........
Posted by SamTheTVCat at 05:29 PM : Apr 27, 2007"

"What's behind the violent thoughts" was what ANY CONCERNED PARENTS should have taken the CHILD to get answered during the merely 10 days of suspension!

Violent acts are preceded by "violent thoughts"!
And in a YOUNG/weak/deranged mind, "violent thoughts" are likely to turn into actions without any interlude of introspection!

Also, the thing became a Federal case because the IGNORANT AND IRRESPONSIBLE PARENTS brought it to the courts!

What that foolish family did not have the wisdom to do on it own, the judge needs to MANDATE: Go get HELP!

If I were the principal in that school, the CHILD does not return to classes until she gets attended to by a professional!
Better to err on the side of caution!

[kaili3]

get this kid to a shrink,quick!

[kaili3]

omded:

what,are you nuts?
do you not see all the whacked out violence in schools today?
what about VA Tech?
kids kill all the time now,a little talk is cheap. she should be in intense therapy with Dr.Phil

[undermyboot]

America has become a land of p***ys. Afraid of a story written by a little girl. You deserve to lose your free speech if this frightens you. Cower behind the police state and lick my boots because I'll be the one with the whip.

And the rest of you here couldn't write a short story if your life depended on it. You have no standing to say a da**d thing. No doubt the most the rest of you watch "Entertainment Tonight" for your "hard news". Pu**ys. Lick my boots.

[kaili3]

America is freaked out because these 'little girls' that you speak of can be killers.
kids bring weapons to school.and can be dangerous. ever watch the news?
teens are capable of horrific things now,
i think it is good that school caught this now,
hopefully she is in counseling right now,getting help she needs.

[kaili3]

she needs help sir.
please don't speak to me like that.
i graduated in 1996,it was bad then,it has only gotten worse,i have friends with kids in high school,it is tough.
the thing is,kid's are more violent now,and if we can catch them before they do something drastic,we can help these kids,and potential victims,look at VA tech.
i am not saying this kid would seriously do anything ,but hey you never know.
i hope she is in therapy.

[undermyboot]

*** you are dumb. It's obvious what generation you are from. Fools deserve no respect, especially those who would give away others' freedom because they stupidly think they can be "made safe". Another worthless product of the nanny society we've created. LMFAO

This little girl WROTE some fiction. She blew off some steam. The only way to "be sure" about the "danger" people pose is to have everyone evaluated by the government for "deviant behavior". No doubt you would fall in that categoy. You would be "treated", and we would be thankfully rid of your simpering fearful cowardice. The only "safe" society is a police state. Lick my boots you fool.

[bhappy2-2]

I can't believe what I have just read! So, now a work of fiction is an automatic decree of evil intentions? Someone needs to let the best-selling authors around the world know, their livlihood is about to get them thrown in prison! And to think, just yesterday an officer of the law refused to take action when a neighbor threatened to kick another neighbors butt because "until they do something, it's just words, they have not broken any laws. Until a law is broken, my hands are tied".

[kaili3]

and you are nothing but an ignorant a.s.s. h.o.l.e.

you can not talk to people as you are,people just find you vulgar and STUPID.
for your information,my mom never had a nanny,
she was a working mom along my dad.
a lot of parents fear for their childrens safety now,with all the *** that goes on who wouldn't be?
oh, but your mister tough,you probably don't care about your kids safety,i care about my kids,that is why she is homeschooled.

[kaili3]

and your an idiot because you think stunts like her's deserve no attention.
im not saying to kick her out of school,have her checked out and make sure she get's help if needed.
if we don't help kids like this,we do see chaos and trouble ahead for them,nip it in the bud now,before it is too late.

[hhusted]

kaili3,

Shut up. Your comments are out of line. Freedom of speech should overide here. Her rights were violated and the whole school board should be put on trial for violating the girl's right to free expression.

[undermyboot]

kaili3's kids need to be "checked out" by the government. They meet this idiots own criteria for evaluation- obviously under the influence of crazy and isolationist ideas spawned by a religious home-schooling extremist fringe. LMAO. Yeah- you stupid fool- you think they will apply their evaluations to only those YOU think "need help"?!! LOL You are such a naiive fool. You are the first ones who will be deemed "needing evaluation" and "therapy". Go home school yourself in your own circular sense of richeousness. Your kind are an evolutionary dead end. Just don't try to bring the rest of us along with you. LMFAO

[undermyboot]

It's amazing how ignorant these isolated fools can be. No kaili3- "nanny society" does NOT refer to your mommy having a nanny. LMFAO. It refers to the kind of intrusive nanny government you are advocating, where every slight variation from what YOU (God Help us) think is normal is considered needing "evaluation". It refers to a world where everyone is made safe from everything BUT the government and people like you who "know better" than your lessers. It refers to the kind of world where YOU are under MY boot because deep down inside you are a coward and would love a police state because it would give you a false sense of security. Your advocacy comes as someone who is so afraid of the world that they see danger in every corner and are compelled to isolate themselves and their kids from the real world. I promise, my boot will be gentle as long as you lick it.... LMAO

[agnim]

There is significant that should trigger concern by the PARENTS for some time, she is a YOUNG and foolish FEMALE!

Such destructiveness in the thinking of a YOUNG FEMALE should be a concern to everyone.

The judges should send a strong message that such pre-planning of violence is suspect and should not be tolerated in a CHILD'S mind, and especially not in a FEMALE CHILD'S mind!

The dysfunctional family should be force to seek professional help if they persist with the foolish idea of confusing political 'free speech' with wrong and destructive thinking of a CHILD!

[mercyme884]

You can't tell a person what to think. This is not communist Russia. This country was founded by free-thinking men. If they had listened to Great Britain we would still be bowing to a Queen. Free thinking is what made this country what it is. Not a bunch of fools trying make robots of children.